Mrs Jolly let a farm to her son who paid rent until 1881, but not thereafter, and her title to the farm was extinguished in 1893. She died in 1898. The question which arose was whether at her death any rent arrears remained due.
Held: The extinction of the title also determined her entitlement to arrears of rent.
Lord Alverstone MR said: ‘In the year 1893 R. T. Jolly obtained, by virtue of the Real Property Limitation Act 1874, s. 1, an absolute title to the property. It is, I think, inconsistent with his right so acquired that the rent which he ought to have paid should be deemed to be still owing. The effect of the Limitation Acts of 1833 and 1874 is, in my opinion, that, after the expiration of the statutory period of 20 and 12 years respectively, all rights which the reversioner would have had in respect of the land have come to an end; and I do not think that it would be consistent with that position that rent, the non-payment of which has given the occupier a title to the land, should still be deemed to be owing.’
Rigby LJ said: ‘It seems to me to be plain that on the expiration of the twelve years all the rights of the owner of the land are determined.’
Judges:
Lord Alverstone MR, Rigby LJ
Citations:
[1900] 2 Ch 616
Jurisdiction:
England and Wales
Cited by:
Applied – Mount Carmel Investments Limited v Peter Thurlow Limited CA 1988
The court considered a defence to an assertion of adverse possession, that the plaintiff had given notice of his intention to recover the land: ‘no one, either lawyer or non-lawyer, would think that a householder ceases to be in possession of his . .
Cited – Crown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant, Limitation
Updated: 05 May 2022; Ref: scu.269754